Patna High Court
Sumit Kumar @ Sumit Kumar Ojha @ Sumit OjhaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SONI SHRIVASTAVA
Holding
A bail application may be withdrawn with the Court’s permission and, upon withdrawal, the application is dismissed, but the petitioner may seek regular bail upon surrender within four weeks.
Summary
The petitioner, Sumit Kumar, filed a criminal miscellaneous application before the Patna High Court seeking bail in connection with a case registered under PS case No.284/2020. The State opposed the application. During the hearing on 15‑01‑2026, the petitioner’s counsel requested permission to withdraw the application. The Court, after hearing arguments, granted the request and dismissed the application as withdrawn. The Court, however, directed that if the petitioner surrenders within four weeks and applies for regular bail, the lower court should dispose of the bail application promptly without prejudice. No substantive discussion on the merits of bail was undertaken.
Issues considered
- Whether a bail application may be withdrawn after filing
- Effect of withdrawal on the pending bail proceedings
- Conditions under which the petitioner may seek regular bail after surrender
Subjects
- bail
- withdrawal of application
- criminal procedure
- surrender
- regular bail
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90188 of 2025
Arising Out of PS. Case No.-284 Year-2020 Thana- MASHRAK District- Saran
======================================================
Sumit Kumar @ Sumit Kumar Ojha @ Sumit Ojha S/o Harendra Ojha
Resident of village- Mashrakh Dakshin tola, Police station- Mashrakh,
District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. After some arguments, learned counsel for the
petitioner seeks permission to withdraw this application.
3. Permission is granted.
4. Accordingly, the instant application is dismissed
as withdrawn.
5. However, if the petitioner surrenders before the
learned Court below within a period of four weeks from today
and seeks regular bail, the learned Court below would pass the
order, preferably, on the same day, without being prejudiced by
this order.
(Soni Shrivastava, J)
anand/-
U T
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